Category Archives: CJEU

The EU Dimension to Proportionality

Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012) Deportation is a hugely controversial issue. Unsurprisingly, opinion on it remains utterly polarised. Journalists and lawyers alike have tried … Continue reading

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Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 2

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This post analyses the rationale espoused by the CJEU in relation to its ruling which is highlighted in Can Third Country National Stepfathers Derive Rights Of Residence From … Continue reading

Posted in Article 8, CFR, Children, CJEU, ECHR, Finland | Tagged , , , , , , | Leave a comment

Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 1

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This pair of cases was referred to the Court of Justice of the European Union (CJEU) by the Korkein hallinto-oikeus – the Finnish Supreme Administrative Court. Although as … Continue reading

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Home Detention Order Must Guarantee Earliest Possible Return

Md Sagor [2012] EUECJ C-430/11 (06 December 2012) When questioned by the Italian police in 2009 in Rosolina Mare, Md Sagor (“S”) a street vendor without a fixed abode, explained that he was born in Bangladesh on 10 October 1990 and … Continue reading

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Asylum and the Purposes and Principles of the United Nations

Al-Sirri (Appellant) v Secretary of State for the Home Department (Respondent) DD (Afghanistan) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 54   In handing down judgment in these cases on the law of refugee status, the … Continue reading

Posted in Afghan War, Appeals, Asylum, CJEU, Pakistan, Refugee Convention, Sedley LJ, Terrorism | Tagged , , , , , | Leave a comment

The new rules: Article 8 and Judges

MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC) (31 October 2012) – see previous post for facts and background. Despite commenting positively [29] on some aspects of the new rules, the UT still thought that it “would be … Continue reading

Posted in Article 8, Automatic Deportation, CJEU, Human Rights Act, Immigration Rules, Proportionality, UKBA 2007 | Tagged , , , | Leave a comment

CJEU: The Concept of a Formally Limited Residence Permit

State Secretary van Justitie v Mangat Singh [2012] EUECJ C-502/10 (18 October 2012) As explained in recitals 25 and 26 of its preamble, Directive 2003/109/EC (“the directive”), concerning the status of third-country nationals who are long-term residents, does not apply … Continue reading

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CJEU: Public Manifestation of Religion and Persecution

Bundesrepublik Deutschland v Y & Z [2012] EUECJ C-71/11 (05 September 2012) Pakistan is an intolerant country where human rights are routinely violated and minorities are persecuted. The paradox is that the country was created because Indian Muslims feared a marginal … Continue reading

Posted in Article 9, Asylum, CFR, CJEU, ECHR, Germany, Pakistan | Tagged , , , , | 2 Comments

Other Family Members: The Rationale

The last post had shed a little bit of light on the decision of the Court of Justice of the European Union (“CJEU”) in relation to six questions which were referred to it by the Upper Tribunal (“UT”) in MR … Continue reading

Posted in Article 8, Cases, CFR, Citizens Directive, CJEU, ECHR, OFMs, Tribunals | Tagged , , , , | Leave a comment

CJEU: Re Other Family Members

Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11 (05 September 2012) Lamenting that it was “unfortunate” that the Immigration (European Economic Area) Regulations 2006 (“the regulations”, which transpose Directive 2004/38/EC or the “Citizens Directive” … Continue reading

Posted in Bangladesh, Cases, Citizens Directive, CJEU, OFMs | Tagged , , , | 3 Comments

EEA Regulations Amended

As explained in an alerter post on Free Movement Blog, as of 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will be amended through the Immigration (European Economic Area) (Amendment) Regulations 2012. The regulations are being amended to Give effect … Continue reading

Posted in Asylum, Citizens Directive, CJEU, European Union | Tagged , , | 1 Comment

Dutch charges deemed disproportionate

Commission v Netherlands (Failure of a Member State to fulfil obligations) [2012] EUECJ C-508/10 In this case the Court of Justice of the European Union (Second Chamber) ruled that in granting residence permits to third-country nationals, and to their family members, who … Continue reading

Posted in Article 8, CJEU, European Union, Fees, International Law, Netherlands | Tagged , , , | 2 Comments

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker (W) Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments

Guidelines for Other Family Members

In the case of MR & Ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC), where an Irish national had sponsored her Bangladeshi in-laws to live with her family in Northern Ireland, Mr Justice Blake (Blake J) – the … Continue reading

Posted in Cases, Citizens Directive, CJEU, European Union, OFMs, Tribunals | Tagged , , , , , | 4 Comments